The Federal Gun Control Act of 1968, as amended, prohibits possession of a firearm by any person convicted of a felony, or a “misdemeanor crime of domestic violence. “ Under the Act, an offense involving the use or attempted use of physical force, or the threatened use of a deadly force by the defendant against a victim with whom there is or was a domestic relationship, is a crime of domestic violence. The domestic relationship must be identified as an element of the crime and must be established beyond a reasonable doubt.
In the recent case of Alton Flatt v. State of Tennessee, the Petitioner, Mr. Flatt was charged with two counts of felony aggravated assault arising out of an altercation between him, his ex-wife, and her male friend. Before trial, one count was dismissed and the other charge was reduced to simple assault, to which Mr. Flatt pled guilty. Based upon the guilty plea, the Tennessee Department of Safety subsequently revoked his handgun carry permit pursuant to the Gun Control Act. Mr. Flatt appealed that revocation.
The Court of Appeals found that the judgment on the original charge does not reveal whether the simple assault was based upon Mr. Flatt’s actions towards his ex-wife, or her male friend. Therefore, the record did not establish beyond a reasonable doubt that he was convicted of domestic assault (against his ex-wife) and the Department of Safety’s revocation of Mr. Flatt’s handgun permit was not supported by substantial and material evidence.
Alton Flatt v. State of Tennessee, Tenn. Ct. of Appeals, M2012-00928-COA-R3-CV, April 22, 2013.
